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Procedures/Preferences

Asbestos Procedures - Division “Z”

 

Asbestos Court Contact:

Questions related to the scheduling of asbestos matters in Division “Z” or these procedures should be directed to Kim Cash, whose contact information is:

 

    Kim Cash

    Email: cashka@fljud13.org

    Direct Phone Line: (813) 272-5421

 

Asbestos Motion Calendar

The asbestos motion calendar is generally held the third Thursday of each month at 10:30 a.m.  The asbestos motion calendar hearing dates for the year 2017 are:


 2017 Asbestos Hearing Dates:

January 12                                 July 20                                  

February 16                               August- No Monthly Hearing

March 16                                   September 14

April 13                                      October 19

May 11                                       November 16

June 15                                      December 21

Asbestos Motion Calendar Coordinator

Copies of all motions and notices of hearing must also be delivered via e-mail, U.S. mail, fax, or hand delivery to the Asbestos Motion Calendar Coordinator (Coordinator) whose contact information is:

 

Bice Cole Law Firm

Attention:  MONTHLY HEARINGS

999 Ponce de Leon Blvd., Suite 710

Coral Gables, Florida  33134

Tele:  (305) 444-1225

Fax:  (305) 446-1598

MonthlyHearings@bicecolelaw.com

 

Asbestos Motion Calendar Agenda

An Asbestos Motion Calendar Agenda (Agenda) will be created by the Coordinator.  In order for a motion to be placed on the Agenda and heard by the Court, the motion and a notice of hearing must be recevied by the Coordinator by 5:00 p.m. on the Thursday one week prior to the asbestos motion calendar hearing date.  The Coordinator will provide the Court and counsel who have a motion set on the asbestos motion calendar with the Agenda no later than 3:00 p.m. on the Friday prior to the asbestos motion calendar hearing date. 

 

Motions and Notices of Hearing

Courtesy copies of all motions and notices of hearing relating to a motion sought to be heard on the asbestos motion calendar must be mailed or hand delivered to the judge’s chambers and must be received by the Court no later than 5:00 p.m. on the Friday prior to the asbestos motion calendar hearing date.  Motions for which courtesy copies are not timely received by the Court are subject to not being heard by the Court at the asbestos motion calendar hearing.

 

Responses, Objections and Replies

Courtesy copies of responses, objections or similar type pleadings addressing a motion scheduled to be heard on the asbestos motion calendar must be mailed or hand delivered to the judge’s chambers and must be received by the Court no later than 5:00 p.m. on the Monday prior to the asbestos motion calendar hearing date.  If a party fails to file a timely responsive pleading to a motion scheduled on the asbestos motion calendar the party may be deemed to have acquiesced to the granting of the relief sought by the scheduled motion.  Courtesy copies of any reply to responses or objections must be mailed or hand delivered to the judge’s chambers and must be  received by the Court no later than noon on the Wednesday prior to the asbestos motion calendar hearing date.

 

Notices of Cancellation

When a hearing on a motion on the asbestos motion calendar is cancelled, a notice of cancellation must be promptly delivered to the Court and to the Coordinator.  Notice to the Court may be accomplished by contacting Kim Cash and e-mailing a copy of the notice of cancellation.  Upon receipt of a notice of cancellation, the Coordinator will update the Agenda to reflect the cancellation and provide a copy of an updated Agenda to the Court and counsel.

 

Special Set Hearings:

Motions that cannot be addressed at an upcoming asbestos motion calendar due to exigent circumstances may be considered by the Court for a special set hearing.  To request a special set hearing, the motion subject to the special set request must be filed with the clerk’s office and a courtesy copy, along with detailed correspondence stating the reason for the need to special set the motion, must be mailed or hand delivered to the Court.    The Court will review the motion and determine whether the matter should be special set for hearing.  Kim Cash will contact counsel and advise whether the motion will be special set for hearing and, if so, will provide a hearing date and time.   

 

Emergency Motion Procedures:

An emergency motion must be filed with the clerk’s office and a courtesy copy, along with detailed correspondence stating the nature of the emergency, must be mailed or hand delivered to the Court.  The Court will review the motion and determine whether an emergency exists.  Kim Cash will contact counsel and advise whether the motion will be heard on emergency basis and, if so, will provide a hearing date and time.

 

Proposed Orders:

All proposed orders, including orders agreed upon by the parties, must be submitted to the Court by uploading the proposed order through the Judicial Automated Workflow System (JAWS).  The order must be uploaded in PDF form for the Judge's signature.  Unless the Court directs otherwise, the prevailing party is responsible for submitting the proposed order through JAWS for the Court’s consideration.  Prior to submitting a proposed order for the Court’s consideration, counsel must consult with opposing counsel and make a genuine effort to agree on the language of the proposed order.  If the parties cannot agree on the language in the proposed order to be submitted to the Court, then counsel submitting the proposed order must document in a cover letter that the opposing counsel has registered an objection and specifically state what the objection is.  At the time the cover letter and proposed order is submitted to the Court, a copy must simultaneously be sent to opposing counsel.  If an objection is registered, the Court will determine if a hearing is necessary to resolve the dispute and if not, enter an appropriate order.